United States District Court, D. Oregon, Portland Division
OPINION AND ORDER
MICHAEL W. MOSMAN, CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before me on Plaintiff Dejuan Thomas's pro
se motion to correct his sentence under 28 U.S.C. §
2255. . For the reasons below, I DENY Mr. Thomas's
5, 2016, Mr. Thomas pleaded guilty to tampering with a
witness in violation of 18 U.S.C. § 1512(b)(1), ,
after a federal grand jury indicted Mr. Thomas on charges of
sex trafficking by force and tampering with a witness. .
Presentencing Report ("PSR") calculated a base
offense level of 28 and a total offense level of 26.  at
5. The PSR found that the advisory guideline range was
between 78 and 97 months.  at 5. The parties agreed to
the same offense levels and advisory guideline range in the
plea agreement. . After pleading guilty but prior to
sentencing, Mr. Thomas, through his counsel, Tyl Bakker,
argued a base offense level of 28 was incorrect because a
cross reference from USSG § 2J1.2(c)(1) (obstruction of
justice) to § 2X3.1 (accessory after the fact) did not
apply.  at 2-3.
sentencing, I concluded the cross reference applied and Mr.
Thomas's total offense level was 26.  at 4-5; 
at 1. Accordingly, I sentenced Mr. Thomas to 90-months
imprisonment, 3-years supervised release, and a $100 special
assessment fee. .
Thomas now moves to correct his sentence. He makes 4 claims
for ineffective assistance of counsel:
1. Mr. Bakker relayed inaccurate information that induced Mr.
Thomas to enter a plea agreement.
2. Mr. Bakker failed to adequately investigate legal issues
concerning Mr. Thomas's plea.
3. Mr. Bakker failed to accurately inform Mr. Thomas about
the consequences of pleading guilty.
4. Mr. Bakker failed to object to my finding that Mr.
Thomas's base offense level was 28.
at 4-7. The government responded to that motion. . Mr.
Thomas replied. . In his addendum, Mr. Thomas also
argues that he is serving an illegal sentence. .
However, as part of the plea agreement, Mr. Thomas waived his
right to appeal or collaterally attack his own conviction or
sentence under 28 U.S.C. § 2255, except for claims
regarding ineffective assistance of counsel.  at 3.